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Friday, June 10, 2011

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Here is the situation, they already got Australia visa stamped and would like to make a honest visit to US before leaving for Australia, nothing hidden. So how to Convince VO.

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Ann Ruben

03-11 10:58 AM

If the PWD is for a PERM application, there is no way to avoid using the DOL system. (NOTE: for H-1 PWD the online DOL system is NOT required).

There is no provision for expediting PWD's through the DOL online system. However, in typically unfair DOL fashion, it seems that PWD requests submitted in mid February are being approved in about 30 days or less while many submitted earlier are still languishing. So, submitting a second PWD request now might get you a PWD sooner than waiting for one submitted in January.

Another issue of concern about the new PWD system is that it has been generating wildly arbitrary determinations some of which reference SOC codes and experience levels different from those on the actual PWD request.

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CreatedToday

03-28 09:12 PM

Were you on bench or worked during the period when the employer didn't pay?

My employer is not paying salary. Where I should complain about him so I can get salary.

Thx

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Ramba

08-07 03:44 PM

I am a consultant and work for a client. My client wants to extend me a permanent offer and my consulting company that I presently work with would have no problems if I accepted the offer from the client.

I have asked the client to remote work from India and they said I could for six months and re-evaluate at that point. I can get a three year extension based on my I-140 approval with my consulting company (no 485, dates not current) if my client applies for a H1. I am not sure if I should or apply for a different visa.

The company that I intend to do remote work for does not have presence in India. Cannot do L1 I think.

What are my options?

Can I ask the company extending me an offer to apply for H1 and then work from India for six months? (or) Can I just leave, work for them in India, and visit them periodically on B1?

I am planning to work remote with the company's understanding that this would be for the long term. So, it may actually extend beyond 6 months with possible periodic visits. Both the company and I would like to see how the first six month goes.

Any other suggestions. If there are tax implications, I would appreciate some feedback.

Thanks for the service.

It is not as simple as you think. If your client sponsors H1, it is based on LCA; which is location specific. Therefore, if you work remotely in India, and you were included in US payroll based on H1B approval, then your employer will be violating the terms of LCA. Therefore, that is not possible. However, your employer can outsource the work to you to India without maintaining eomploee-emploer relationship. You need to consult business lawyers to engage in this kind of business. Of course, you need to pay corresponding business and income taxes.

This is from Rajiv Khanna's Immigration.com (http://www.immigration.com/common/synergybackpay.html), found today.

Employer to be barred for two years from H-1 and green card filing for willful failure to pay benched employees.

In a decision entitled "Administrator WHD v. Synergy Systems, Inc." on June 30, 2006, the employer was ordered to pay back wages to two benched (Indian) employees and was directed to be barred from the H-1 AND green card programs for two years. The employer tried to argue that the employees were on unpaid leave of absence. This argument was rejected. It was found that employer had willfully violated H-1B regulations, hence it must be barred from the H-1 and green card filing for at least two years.

What this tell us is:

1. Its really not a joke to go around benching people without pay. 2. All it takes its an official complaint to be filed with Department of labor. And although it takes time, the department of labor would go after such employers and do the neccesary "Treatment" and "therapy" needed to teach such employers a lesson. 3. It is not the employee's fault if they are not paid wages for the time they spend when they are non-productive, aka, illegal benching-without-pay. Employee's responsibility to find a gainful employment starts ONLY AFTER the employer officially terminates the employee and send USCIS the notice to revoke H1. After that, its the employee's responsibility to maintain status and legality.

Employers like Synergy are not only a menace to their own employees, they are also a menace to the entire system. The anti-immigrants cite such employers to make their case for their own cause by saying that "H1Bs are exploited and H1Bs are slaves and H1Bs and immigrants are driving down wages". When in reality, H1B employees most earn the same amount or more amount than any other employee on greencard or citizenship. Such few bad apples really provide examples for our opponents on other side to create new sound bites. These are the guys who put us in trouble and provide fodder to Lou Dobbs and programmer's guild(organization against hi-tech immigration).

I am disappointed that they are barred only for 2 years. Coz after 2 years, I can guarantee that they will be probably back to their old tricks. There is such a thing called RECIDIVISM. A tendency to revert back to previous pattern of bahavior. Pretty much like a dog's tail. No matter how long you keep a dog's tail in a straight tube, as soon as you take it out, it regains its original shape.

However, 2 years is still 2 years. And I am going to toast to that. CHEERS !!!!!!!!!! :):)

If anyone here has been an employee of Synergy or is still an employee, you may want to take appropriate steps to change your employer and check the consequence to your immigration status and GC status.

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vivache

11-08 07:29 PM

1. I would like to believe that all visa numbers include the dependents etc .. since USCIS has the numbers. 2. At the same time .. maybe 245i is kicking in .. else the priority dates would be different

The only thing I'm not clear about is this: Is 245i only affecting eb3 and not eb2?

And also from the answers it looks like, inspite of uscis making the numbers public .. it doesn't help us make a prediction

Similar thing happened to my AP notice. I got all the notices properly including EAD. But my AP approval notice was sent back by USPS as undeliverable. USCIS sent the AP back to my lawyer along with USPS undeliverbale notice without any upate on the online status. Lawyer sent whole package back to me. I could see that address is correct. I have placed recepient names in the mail box long back so thats not the issue. USPS undeliverable notice was pasted on top of the returned mail. That was strange. As I enquired further one of my friend wife FP notice also sent back like that , luckily his lawyer also got another one.

I am going to meet USPS personnel soon to find out what exactly the issue .

On October XX, 2007, the post office returned our last written notice on this case as undeliverable. This can have serious effects on the processing of this case. Please call 1-800-375-5283 to update the mailing address so this notice can be re-sent.

I was shocked. I have emailed the company law firm and I'm awaiting response from them.... Have they mistyped their own address since that is supposed to go to them? Or USCIS is just pulling my legs?

During my H-1B visa interview at the Delhi Consulate I was told that my Visa is approved but some additional documents are needed. A pink slip, 221(g), was given to me, I submitted all the documents same day. Its been a week and the online status shows 'case is being processed'. I also have a valid advanced parole and I am thinking of entering on AP if the 221(g) takes too long. My question is, the consulate still has my passport, will there be any issues if I ask my passport back? how long does it take to get the passport back? Will the passport be stamped for '221(g) in progress? what kind of issues I can have at the POE? Thanks in advance.

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rameshk

03-03 04:32 PM

Who is the laywer? can share his contact information with us please?

Thanks,

Hi,

I've been an infrequent visitor to this site in the past, but it has helped me substantially especially when I've been frustrated with the GC situation - I feel the need to share this, hoping that it might help others. I'm posting in this forum because this is the place people tend to ask questions of lawyers. I'll try to keep this simple so that its easy to understand.

Me: EB2 PD March 2005 for first job. I-140 approved 2006. Promoted to different tile in 2007 Jan, second EB2 filed in March 2007. Wife: EB2 PD Feb 2007.

During the 'fiasco' of 2007, because I did not have an approved PERM for my new job title, we filed for 485's and 140s through my wife with me as the dependent (Having an AP is worth it when traveling overseas, especially if you anticipate traveling for emergencies and don't have the luxury of checking in for an appointment with the consulate to get a visa renewal - also removes the stress of another interview). Neither of us applied for EADs because we were more secure on the H1 visas - your status is immediately screwed if you switch to EAD and your 485 is denied.

In 2008, I received an RFE on my 2nd PERM application (which was addressed by my company - I have no clue what it was about). In 2009, I received an RFE on my 485 application through my wife, we replied to it through a very good lawyer.

Last year, my original LC PD became current! However, our 485s were tied to my wife's application. After speaking to many lawyers, we understood that there were the following options:-

1. Withdraw the earlier 485s, file completely new ones based on my PD (supposedly the safest from GC point of view, because it leaves no room for confusion. Downside is processing time, app getting lost, losing AP/EAD from earlier 485 etc) 2. File another completely new set of parallel 485s, and leave it to UCSIS to figure out that they needed to pick one with the earlier PD (overkill and confusing as well. UCSIS now deals with 4 485 applications, and chances that they will get confused magnify. High processing time as well) 3. Send a letter requesting that the 485 applications be reviewed based on my PD as opposed to my wife's. (Upside is that its potentially the fastest, is approved by the UCSIS, and you can track it by calling up. Downside is that they may simply don't respond because its not really a legal document that's being sent. Then you get stuck just running for Infopass, SR, Congressman etc)

I have to say that choosing the right lawyer to handle your case is possibly the most important thing you can do. What some of us don't know is that while the earlier stages of the GC process are applications made by the company, the 485 application is an individual application, and you are legally allowed to do so through any lawyer you wish to. In our case, we chose the law firm we trusted, even though it was more expensive. They recommended option 3, and we went with it. That was 4 months ago.

On Saturday (2/25) we received email saying that the card were in processing. This afternoon we got our cards in the mail - a nice surprise.

Moral of the story:-

1. Do your homework, get multiple opinions - no one will care about your GC app like you do. 2. When you move and update the AR-11, make sure you update the address for pending cases as well - this will ensure they mail your GC to the correct place. 3. Don't do anything illegal :) 4. Hire the best lawyer you can if your case is not straightforward. Our lawyer was always willing to talk to us at a few hours notice, was very prompt, and was proactive in checking up on UCSIS updates, bulletins etc.

Its Aug 17! even though most of us do not have receipt yet, we can forget about refiling

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raju123

02-09 07:44 PM

This is very serious matter. EB community should strongly oppose It is time for Fight to Finish !

I doubt if the above three even know what the whole deal on these 90K visas is. where they come from, what are at stakes, who lost them, why they lost them etc things. I agree with you that we need to call these and let them know that these belong to EB, hence recapture them for EB and request them to allocate special 50K/90K to Schedule A

Who the hell are you to tell to leave and all..Remeber one or the other day we have to go thru bad time. Nothing is secured in this country...For a matter of fact you may as well loose your job, andif you dont get a job in the next 180 days will you leave ?..And the answer is NO.

Stop blady shit...and concentrate on yor work....mental Ididiot

Niceguy

Mr.Matt krusse...how many ids you create SOB. Why dont you concentrate on your work if you have one....

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eyeswe

02-11 06:23 PM

Sidd_ You can call your parents here for graduation. As someone mentioned an Univ letter will def make a difference. However "sponsoring" is a bit more tricky, given that you are on F1. If you hav steady income GA/RA you can use that to support.If you have savings from your OPT, you can use that as well. the thing taht is tricky is you do have to assume a certain amount of expense for parents for the period that they may be in US and compare that to your savings, if you are the sponsorer. Their rejections will be in the db and could be a bother, esp if you are the only child (not sure if that is in US or you have siblings in India). Your parents will need solid proof to convince that they intend to return.Something like a return airticket etc could make some difference My 2c. As always my note is not legal advice

Immigration restrictionists are US schools have been doing just fine and so the country doesn't need scientists and engineers from abroad. Well, this just proves they have been llying all along...just because they don't like immigrants and don't want any competiton.

A presidential panel declared math education in the United States "broken" yesterday and called on schools to focus on ensuring that children master fundamental skills that provide the underpinnings for success in higher math and, ultimately, in high-tech jobs.[/B] The National Mathematics Advisory Panel convened in April 2006 to address concerns that many students lack the know-how to become engineers and scientists. The 24-member panel of mathematicians, education experts and psychologists said yesterday that students need a deeper understanding of basic skills, including fluency with whole numbers and fractions. It urged more training and support for teachers and called on researchers to find ways to combat "mathematics anxiety."

Larry R. Faulkner, chairman of the panel and former president of the University of Texas at Austin, [B]said the country needs to make changes to stay competitive in an increasingly global economy. He noted that many U.S. companies draw skilled workers from overseas, a pool that he said is drying as opportunities abroad improve. "Math education isn't just about a school subject," Faulkner said as the panel released its final report at Fairfax County's Longfellow Middle School. "It's fundamentally about the chances that real people all across this country will have in life. And it's about the well-being and safety of the nation."

Scores from the 2006 Program for International Student Assessment showed 15-year-olds in the United States trailed peers from 23 industrialized countries in math.

The panel stressed that many students are simply befuddled by fractions. And one panel member noted that a recent survey of middle school students found that 84 percent would rather clean their room or take out the garbage than tackle math homework.

President Bush charged the panel with examining ways to ensure that students have a strong grasp of the building blocks needed for algebra, a gateway to higher math. Students who complete Algebra II are more likely to attend and graduate from college.

Education Secretary Margaret Spellings said the report's release was a "seminal moment" in math education and urged teachers, school boards, colleges, interest groups and parents to use it as a guidepost to refine instruction.

"I want every stakeholder in the equation of education to look at all of this and act on it," Spellings said. "I think there are very actionable steps right now. Teachers, starting today, can pay more attention to fractions."

The panel concluded that the math curricula and textbooks in elementary and middle schools typically cover too many topics without enough depth. It noted that countries in which children do best at math, including Singapore and Japan, emphasize core topics.

The panel identified benchmark skills that students need for a strong math foundation -- for example, that students be able to add and subtract whole numbers by the end of third grade. By the time students leave fifth grade, the panel said, they should be able to add and subtract fractions and decimals.

"I think the main message of this report is simple -- content is king," said Tom Loveless, panel member and director of the Brown Center on Education Policy at the Brookings Institution.

It's not just lessons that need to change, the panel said, but also the nation's attitudes about math. In a culture in which parents say they "weren't good at math either," children assume they don't have the talent for numbers. The panel said that research shows that practice pays off and that adults need to give students that message.

The panel also weighed in on the long-running battle between traditionalists, who favor a focus on memorization and drilling, and those who prefer stressing concepts and letting students make connections on their own. Students need to know math facts and have automatic recall, Faulkner said, but they also need "some element of discovery."

"I think this panel has gradually evolved to the view that most members believe that most effective teachers draw from both philosophies at different times," he said.

The panel met a dozen times, heard testimony from groups and individuals and reviewed thousands of research papers. The panel said that it is "self-evident" that teachers need to have strong math skills but that more research must be done to find the best ways to prepare them.

Local educators, business leaders and interest groups were delving into the report yesterday afternoon. School officials in Montgomery and Fairfax counties said the recommendations mirror efforts underway to help more children successfully complete an algebra course by the end of eighth grade.

Roy Romer, former governor of Colorado and chairman of Strong American Schools, said the report illustrates a need for states to voluntarily agree on standards that are "uniform for all of America and benchmarked against the rest of the world." The nonpartisan group seeks to make education a priority in the 2008 presidential election.

"We include too much, we're much too broad and we don't go deep enough," said Romer, who also served as Los Angeles school superintendent. "We put out these textbooks with 750 pages, and if you're a fourth-grade teacher, you can't teach 750 pages. You have to be selective."

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saimrathi

07-11 10:32 PM

I guest most news media will cover Lady Bird Johnson's funeral on Saturday... what do we do to increase the media drive???

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mammoy2k

01-14 05:11 PM

Check out venture fund organizations in your area (such as sdvg.org). Also prominent universities such as Duke/Stanford/UPenn have Startup Challenges (google duke/stanford/wharton startup challenge).

The first thing you need to do though is to figure out what you want to do and what you are good at. You need to define a field such as biotech, CAD, supply chain etc and network with the people in this segment (www.linkedin.com is one source). But you have to be very careful when you apprach these people. Dont sound impatient and understand that they are busy people. If you are from IIT/MIT dont flaunt it. No one cares.

Coming to the second point, you may start a company but you need to be willing to give command to someone else, if needed. You may be a super techie but running a business requires different skills (soft skills and business skills). So move out of the CEO chair, if needed. It is here where I see greatest difficulty with Tech people. They get into love of the tech they developed and think that customers would line up for the better mouse trap they built. Unfortunately that rarely happens.

Disclaimer: a former scientist who moved to business side.

For a long time, I have had this urge to be self employed but personal reasons and the immigration system was a deterrent factor for me in turning this into a reality. Now that I have an EAD, I would like to reexplore this idea and wanted to know if there are any entrepreneurial organizations that I could become a member of that will help me network with like minded people. I have heard of TiE and am getting to know more about this organization. If any of you are members, feedback on how it has helped you will help a lot of people planning to join. Are there any other clubs/orgs that help people like me can bounce ideas off of and help bring together like minded people under the same roof?

Thanks

PS: I had plans of pursuing an MBA for the sole purpose of networking. Unfortunately, this is not something I can do at this point of time.

OlgaJ

May 25th, 2005, 06:01 AM

I think the starkness of the Cherry Creek Reservoir area makes it difficult to capture its charm. (I lived 1-2 miles away from there for 24 years.) If I still lived there, I would be concentrating more on the cloud formations (which you don't see in too many places) when using the 17-85 lens. I would also take a couple of shots of the same scene, one metered for the sky and another for the shadow areas and blend them in PS.